Authoruclalaw

Sweeping Up Guideline Floors: The Misguided Policy of Amendment 767 to the U.S. Sentencing Guidelines Manual

Amendment 767 to the U.S. Sentencing Guidelines Manual (Guide-lines), effective November 1, 2012, significantly modified the calculation of Guidelines ranges for federal defendants convicted of multiple counts where at least one of the counts is subject to a mandatory minimum sentence. The amendment, which altered section 5G1.2 of the Guidelines and its commentary, provides that the minimum...

The Battle Over Taxing Offshore Accounts

The international tax system is in the midst of a contest between automatic information reporting and anonymous withholding models for ensuring that nations have the ability to tax offshore accounts. At stake is the extent of many countries’ capacity to tax investment income of individuals and profits of closely held businesses through an income tax in an increasingly financially integrated world...

The Structural Exceptionalism of Bankruptcy Administration

The current system of administration of the Bankruptcy Code is highly anomalous. It stands as one of the few major federal civil statutory regimes administered almost exclusively through adjudication in the courts—not through a federal regulatory agency. This means that rather than fitting bankruptcy into a regulatory model, the U.S. Congress has chosen to give the courts primary interpretive...

Patients’ Racial Preferences and the Medical Culture of Accommodation

One of medicine’s open secrets is that patients routinely refuse or demand medical treatment based on the assigned physician’s racial identity, and hospitals typically yield to patients’ racial preferences. This widely practiced, if rarely acknowledged, phenomenon—about which there is new empirical evidence—poses a fundamental dilemma for law, medicine, and ethics. It also raises difficult...

“Not Susceptible to the Logic of Turner”: Johnson v. California and the Future of Gender Equal Protection Claims From Prisons

The U.S. Supreme Court’s Johnson v. California decision creates a new legal context for gender equal protection claims in the prison context. Johnson’s language and justifications create a space in prison jurisprudence where the deferential norms of Turner v. Safley are inapposite, and where deference rationales have no place. This Comment argues that this change is significant, and that it...

The Benefits of a Big Tent: Opening Up Government in Developing Countries

Bringing open data and open government under a single banner, Yu and Robinson argue, leads to conceptual muddling that ultimately impedes progress for both projects. They express a concern that superficial commitments to open data “can placate the public’s appetite for transparency.” Drawing on our experiences with the Kenya Open Data Initiative and the Open Government Partnership, we argue that...

The Case Against Tamanaha’s Motel 6 Model of Legal Education

The radical overhaul of legal education espoused in Professor Brian Tamanaha’s new, widely read book Failing Law Schools would represent a disastrous step backward in legal education. Tamanaha and his supporters argue that the current crisis in legal education—rampant unemployment among debt-laden law graduates and plummeting law-school applications—requires a dramatic reduction in law-school...

Bons Mots, Buffoonery, and the Bench: The Role of Humor in Judicial Opinions

Despite the serious nature of court orders, judicial opinions can be humorous. While some decisions are funny simply because of their facts, judges have also employed puns, penned poems, cited songs, and formulated fables to convey legal conclusions creatively. Scholars and jurists debate the propriety of such humor. However, witticisms and quips continue to find their way into legal reporters...